Right to Sue vs. the Agreement to Arbitrate: The Dilemma in Title VII Cases, The

Authors

Jennifer A. Clifton

Abstract

In enacting Title VII, Congress specifically gave employees who are victims of discrimination based on race, color, religion, sex, or national origin the opportunity for judicial redress through the federal courts.2 In Alexander v. Gardner-Denver Co.,3 the Supreme Court held that a Title VII suit could be maintained despite a clause in an employment contract providing for the arbitration of all employment disputes. After Alexander, two federal circuit courts followed the Supreme Court's ruling.4 However, a recent trio of Supreme Court decisions favoring contractual agreements for the arbitration of several statutorily-founded claims5 cast doubt upon the continued applicability of Alexander to employment discrimination suits. It is in this context that the question arises once again.

Recommended Citation

Jennifer A. Clifton, Right to Sue vs. the Agreement to Arbitrate: The Dilemma in Title VII Cases, The, 1991 J. Disp. Resol. (1991)
Available at: https://scholarship.law.missouri.edu/jdr/vol1991/iss2/9